occupations code title 6. regulation of engineering ... · occupations code title 6. ... chapter...

OCCUPATIONS CODE

TITLE 6. REGULATION OF ENGINEERING, ARCHITECTURE, LAND SURVEYING,

AND RELATED PRACTICES

SUBTITLE A. REGULATION OF ENGINEERING AND RELATED PRACTICES

CHAPTER 1001. ENGINEERS

SUBCHAPTER A. GENERAL PROVISIONS

Sec.A1001.001.AASHORT TITLE. This chapter may be cited as

The Texas Engineering Practice Act.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.

Sec.A1001.002.AADEFINITIONS. In this chapter:

(1)AA"Board" means the Texas Board of Professional

Engineers.

(2)AA"Engineer" means a person licensed to engage in

the practice of engineering in this state.


Sec.A1001.003.AAPRACTICE OF ENGINEERING. (a) In this

section:

(1)AA"Design coordination" includes the review and

coordination of technical submissions prepared by others,

including the work of other professionals working with or under the

direction of an engineer with professional regard for the ability

of each professional involved in a multidisciplinary effort.

(2)AA"Engineering survey" includes any survey activity

required to support the sound conception, planning, design,

construction, maintenance, or operation of an engineered project.

The term does not include the surveying of real property or other

activity regulated under Chapter 1071.

(b)AAIn this chapter, "practice of engineering" means the

performance of or an offer or attempt to perform any public or

private service or creative work, the adequate performance of which

requires engineering education, training, and experience in

applying special knowledge or judgment of the mathematical,

physical, or engineering sciences to that service or creative work.

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(c)AAThe practice of engineering includes:

(1)AAconsultation, investigation, evaluation,

analysis, planning, engineering for program management, providing

an expert engineering opinion or testimony, engineering for testing

or evaluating materials for construction or other engineering use,

and mapping;

(2)AAdesign, conceptual design, or conceptual design

coordination of engineering works or systems;

(3)AAdevelopment or optimization of plans and

specifications for engineering works or systems;

(4)AAplanning the use or alteration of land or water or

the design or analysis of works or systems for the use or alteration

of land or water;

(5)AAresponsible charge of engineering teaching or the

teaching of engineering;

(6)AAperforming an engineering survey or study;

(7)AAengineering for construction, alteration, or

repair of real property;

(8)AAengineering for preparation of an operating or

maintenance manual;

(9)AAengineering for review of the construction or

installation of engineered works to monitor compliance with

drawings or specifications;

(10)AAa service, design, analysis, or other work

performed for a public or private entity in connection with a

utility, structure, building, machine, equipment, process, system,

work, project, or industrial or consumer product or equipment of a

mechanical, electrical, electronic, chemical, hydraulic,

pneumatic, geotechnical, or thermal nature;

(11)AAproviding an engineering opinion or analysis

related to a certificate of merit under Chapter 150, Civil Practice

and Remedies Code; or

(12)AAany other professional service necessary for the

planning, progress, or completion of an engineering service.


Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.001(a), eff.

Sept. 1, 2003.

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Amended by:

Acts 2005, 79th Leg., Ch. 259 (H.B. 1817), Sec. 1, eff.

September 1, 2005.

Sec. 1001.0031.AAPRACTICES OF ENGINEERING AND ARCHITECTURE.

(a) Except as provided by Subsection (d) or (e), the practice of

engineering does not include, and engineers may not engage in or

offer to engage in, the practice of architecture as defined by

Sections 1051.001(7)(A), (B), and (C), as that definition existed

on April 1, 2011, and by Section 1051.0016(a).

(b)AAAn engineer may not prepare or provide a complete,

comprehensive set of building plans for a building designed for

human use or occupancy unless:

(1)AAthe plans and specifications as described by

Section 1051.001(7)(A) or (B) are prepared by, or under the

supervision of, an architect;

(2)AAthe building is part of a project described by

Section 1051.601(b) or a building described by Section

1051.606(a)(4); or

(3)AAthe engineer has received administrative approval

by the Texas Board of Architectural Examiners to practice

architecture under Section 1051.607.

(c)AAAn engineer is responsible for the engineering plans and

specifications of a building unless the work is exempt under

Section 1001.053 or 1001.056.AAIn this section, the term

"engineering plans and specifications" means:

(1)AAplans for a structural, mechanical, electrical,

electronic, fire suppression, or geotechnical system in a building;

(2)AAspecifications of structural elements and

connections of a building;

(3)AAfoundation design;

(4)AAhydrologic management calculations and design of

surface water control and detention necessary for compliance with

ordinances and regulations;

(5)AAdesign of building drain and waste system

plumbing, fresh water plumbing, graywater systems, and mechanical

aspects of moving water in and out of a structure, other than simple

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roof drainage;

(6)AAevaluation of structural framing members before

the addition of roof-mounted equipment or a heavier roof covering;

(7)AAdesign of changes in roof pitch by the addition of

structural framing members;

(8)AAevaluation and repair of damaged roof structural

framing;

(9)AAdesign of electrical and signal and control

systems;

(10)AAshop drawings by manufacturers or fabricators of

materials and products to be used in the building features designed

by the engineer; and

(11)AAspecifications listing the nature and quality of

materials and products for construction of features of the building

elements or systems designed by an engineer.

(d)AAThe preparation of engineering plans and specifications

for the following tasks is within the scope of practice of both

engineering and architecture:

(1)AAsite plans depicting the location and orientation

of a building on the site based on:

(A)AAa determination of the relationship of the

intended use with the environment, topography, vegetation,

climate, and geographic aspects; and

(B)AAthe legal aspects of site development,

including setback requirements, zoning and other legal

restrictions, and surface drainage;

(2)AAthe depiction of the building systems, including

structural, mechanical, electrical, and plumbing systems, in:

(A)AAplan views;

(B)AAcross-sections depicting building components

from a hypothetical cut line through a building; and

(C)AAthe design of details of components and

assemblies, including any part of a building exposed to water

infiltration or fire-spread considerations;

(3)AAlife safety plans and sheets, including

accessibility ramps and related code analyses; and

(4)AAroof plans and details depicting the design of

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roof system materials, components, drainage, slopes, and

directions and location of roof accessories and equipment not

involving structural engineering calculations.

(e)AAThe following activities may be performed by either an

engineer or an architect:

(1)AAprogramming for construction projects, including:

(A)AAidentification of economic, legal, and

natural constraints; and

(B)AAdetermination of the scope of functional

elements;

(2)AArecommending and overseeing appropriate

construction project delivery systems;

(3)AAconsulting with regard to, investigating, and

analyzing the design, form, materials, and construction technology

used for the construction, enlargement, or alteration of a building

or its environment; and

(4)AAproviding expert opinion and testimony with

respect to issues within the responsibility of the engineer or

architect.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1157 (H.B. 2284), Sec. 1,

eff. September 1, 2011.

Sec.A1001.004.AALEGISLATIVE PURPOSE AND INTENT; LIBERAL

CONSTRUCTION OF CHAPTER. (a) The legislature recognizes the vital

impact that the rapid advance of knowledge of the mathematical,

physical, and engineering sciences as applied in the practice of

engineering has on the lives, property, economy, and security of

state residents and the national defense.

(b)AAThe purpose of this chapter is to:

(1)AAprotect the public health, safety, and welfare;

(2)AAenable the state and the public to identify

persons authorized to practice engineering in this state; and

(3)AAfix responsibility for work done or services or

acts performed in the practice of engineering.

(c)AAThe legislature intends that:

(1)AAthe privilege of practicing engineering be

entrusted only to a person licensed and practicing under this

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chapter;

(2)AAonly a person licensed under this chapter may:

(A)AAengage in the practice of engineering;

(B)AAbe represented in any way as any kind of

"engineer"; or

(C)AAmake any professional use of the term

"engineer"; and

(3)AAthis chapter be strictly complied with and

enforced.

(d)AAThis chapter shall be liberally construed to carry out

the intent of the legislature.

(e)AAThis chapter does not:

(1)AAprevent a person from identifying the person in

the name and trade of any engineers ’ labor organization with which

the person is affiliated;

(2)AAprohibit or otherwise restrict a person from

giving testimony or preparing an exhibit or document for the sole

purpose of being placed in evidence before an administrative or

judicial tribunal, subject to the board ’s disciplinary powers under

Subchapter J regarding negligence, incompetency, or misconduct in

the practice of engineering;

(3)AArepeal or amend a law affecting or regulating a

licensed state land surveyor; or

(4)AAaffect or prevent the practice of any other

legally recognized profession by a member of the profession who is

licensed by the state or under the state ’s authority.


Amended by Acts 2003, 78th Leg., ch. 1168, Sec. 1, eff. Sept. 1,

2003.

Sec. 1001.005.AAAPPLICATION OF SUNSET ACT.AAThe Texas Board

of Professional Engineers is subject to Chapter 325, Government

Code (Texas Sunset Act).AAUnless continued in existence as provided

by that chapter, the board is abolished and this chapter expires

September 1, 2025.



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2003.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 1.05,

eff. June 17, 2011.

Acts 2013, 83rd Leg., R.S., Ch. 402 (S.B. 204), Sec. 1, eff.

September 1, 2013.

SUBCHAPTER B. EXEMPTIONS

Sec.A1001.051.AALIMITATION ON EXEMPTION. An exemption under

this subchapter applies only to a person who does not offer to the

public to perform engineering services.



2003.

Sec.A1001.052.AAEMPLOYEE OF LICENSE HOLDER. A person who is

an employee or subordinate of an engineer is exempt from the

licensing requirements of this chapter if the person ’s practice

does not include responsible charge of design or supervision.


Sec.A1001.053.AAPUBLIC WORKS. The following work is exempt

from this chapter:

(1)AAa public work that involves electrical or

mechanical engineering, if the contemplated expense for the

completed project is $8,000 or less;

(2)AAa public work that does not involve electrical or

mechanical engineering, if the contemplated expense for the

completed project is $20,000 or less; or

(3)AAroad maintenance or improvement undertaken by the

commissioners court of a county.


Amended by Acts 2003, 78th Leg., ch. 273, Sec. 1, eff. June 18,

2003.

Sec.A1001.054.AAFEDERAL OFFICER OR EMPLOYEE. An officer or

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employee of the United States is exempt from the licensing

requirements of this chapter during the time the officer or

employee is engaged in the practice of engineering for the United

States in this state.


Sec.A1001.055.AAMECHANICAL, ELECTRICAL, OR OTHER EQUIPMENT.

(a) A person is exempt from the licensing requirements of this

chapter if the person is installing, operating, repairing, or

servicing a locomotive or stationary engine, steam boiler, diesel

engine, internal combustion engine, refrigeration compressor or

system, hoisting engine, electrical engine, air conditioning

equipment or system, or mechanical, electrical, electronic, or

communications equipment or apparatus.

(b)AAThis exemption does not permit a person to:

(1)AAsign an engineering plan or specification if the

person is not an engineer; or

(2)AAuse the term "engineer" or "engineering" in any

manner prohibited by this chapter.


Sec.A1001.056.AACONSTRUCTION OR REPAIR OF AND PLANS FOR

CERTAIN BUILDINGS. (a) A person, sole proprietorship, firm,

partnership, joint stock association, or private corporation is

exempt from the licensing requirements of this chapter if:

(1)AAa representation that engineering services have

been or will be offered to the public is not made or implied; and

(2)AAthe person or entity is erecting, constructing,

enlarging, altering, or repairing or is drawing plans or

specifications for:

(A)AAa private dwelling;

(B)AAapartments not exceeding eight units for each

building in the case of one-story buildings;

(C)AAapartments not exceeding four units for each

building and having a maximum height of two stories;

(D)AAa garage or other structure pertinent to a

building described by Paragraph (A), (B), or (C);

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(E)AAa private building to be used exclusively

for:

(i)AAfarm, ranch, or agricultural purposes;

or

(ii)AAstorage of raw agricultural

commodities; or

(F)AAa building having no more than one story

that:

(i)AAis not a building exempt from the

licensing requirements of this chapter under Section 1001.053 or

subject to Section 1001.407;

(ii)AAhas a total floor area of not more than

5,000 square feet; and

(iii)AAdoes not contain a clear span between

supporting structures greater than 24 feet on the narrow side.

(b)AAIf a structure described by Subsections (a)(2)(F)(i)

and (ii) contains unsupported spans greater than 24 feet, only the

trusses, beams, or other roof supporting members must be engineered

or pre-engineered.

(c)AAThe exemption provided by this section does not apply to

a person or entity that is:

(1)AAproviding engineering design or inspection

services necessary to comply with windstorm certification

standards for a residential dwelling under Subchapter F, Chapter

2210, Insurance Code; or

(2)AAproviding engineering design relating to

constructing, enlarging, altering, or repairing, or drawing plans

or specifications for, a residential dwelling slab located on

expansive soil that meets the expansive soil classification

provisions of the International Residential Code as applied in the

jurisdiction in which the residential dwelling is located, unless

the construction, enlargement, alteration, repair, or drawing of

plans or specifications meets the International Residential Code

requirements as applied in the jurisdiction in which the

residential dwelling is located.


Amended by:

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Acts 2009, 81st Leg., R.S., Ch. 1142 (H.B. 2649), Sec. 1, eff.

June 19, 2009.

Sec.A1001.057.AAEMPLOYEE OF PRIVATE CORPORATION OR BUSINESS

ENTITY. (a) This chapter shall not be construed to apply to the

activities of a private corporation or other business entity, or

the activities of the full-time employees or other personnel under

the direct supervision and control of the business entity, on or in

connection with:

(1)AAreasonable modifications to existing buildings,

facilities, or other fixtures to real property not accessible to

the general public and which are owned, leased, or otherwise

occupied by the entity; or

(2)AAactivities related only to the research,

development, design, fabrication, production, assembly,

integration, or service of products manufactured by the entity.

(b)AAA person who claims an exemption under this section and

who is determined to have directly or indirectly represented the

person as legally qualified to engage in the practice of

engineering or who is determined to have violated Section 1001.301

may not claim an exemption until the 10th anniversary of the date

the person made that representation.

(c)AAThis exemption does not prohibit:

(1)AAa licensed professional engineer who intends to

incorporate manufactured products into a fixed work, system, or

facility that is being designed by the licensee on public property

or the property of others from requiring the manufacturer to have

plans or specifications signed and sealed by a licensed

professional engineer; or

(2)AAthe board from requiring, by rule, that certain

manufactured products delivered to or used by the public must be

designed and sealed by a licensed professional engineer, if

necessary to protect the public health, safety, and welfare.

(d)AAFor purposes of this section, "products manufactured by

the entity" also includes computer software, firmware, hardware,

semiconductor devices, and the production, exploration, and

transportation of oil and gas and related products.

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2003.

Sec.A1001.058.AAEMPLOYEE OF CERTAIN UTILITIES OR AFFILIATES.

(a) A regular full-time employee of a privately owned public

utility or cooperative utility or of the utility’s affiliate is

exempt from the licensing requirements of this chapter if the

employee:

(1)AAperforms services exclusively for the utility or

affiliate; and

(2)AAdoes not have the final authority to approve, or

the ultimate responsibility for, engineering designs, plans, or

specifications that are to be:

(A)AAincorporated into fixed works, systems, or

facilities on the property of others; or

(B)AAmade available to the public.

(b)AAA person who claims an exemption under this section and

who is determined to have directly or indirectly represented the

person as legally qualified to engage in the practice of

engineering or who is determined to have violated Section 1001.301

may not claim an exemption until the 10th anniversary of the date

the person made that representation.



2003.

Sec.A1001.059.AAQUALIFIED SCIENTISTS. A qualified scientist

engaged in scientific research and investigation of the physical or

natural sciences is exempt from the licensing requirements of this

chapter. This exemption includes the usual work and activities of a

meteorologist, seismologist, geologist, chemist, geochemist,

physicist, or geophysicist.


Sec.A1001.060.AASOIL AND WATER CONSERVATION. Agricultural

work performed in carrying out soil and water conservation

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practices is exempt from this chapter.


Sec.A1001.061.AATELEPHONE COMPANIES. (a) An operating

telephone company, an affiliate of the company, or an employee of

the company or affiliate is exempt from this chapter with respect to

any plan, design, specification, or service that relates strictly

to the science and art of telephony.

(b)AAThis exemption includes the use of a job title or

personnel classification by a person included under Subsection (a)

if the person does not use:

(1)AAthe title or classification in connection with an

offer to the public to perform engineering services; and

(2)AAa name, title, or word that tends to convey the

impression that a person not licensed under this chapter is

offering to the public to perform engineering services.


Sec.A1001.062.AACERTAIN EMPLOYEES WORKING FROM ENGINEER’S

PLANS. (a) A regular full-time employee of a private business

entity who is engaged in erecting, constructing, enlarging,

altering, repairing, rehabilitating, or maintaining an improvement

to real property in accordance with plans or specifications that

have an engineer ’s seal is exempt from this chapter.

(b)AAThis exemption includes the use of a job title or

personnel classification by the employee if the employee does not

use the title or classification in connection with an offer to the

public to perform engineering services.


Sec.A1001.063.AAARCHITECTS, LANDSCAPE ARCHITECTS, AND

INTERIOR DESIGNERS. This chapter or a rule adopted under this

chapter does not prevent or otherwise restrict a person licensed as

an architect under Chapter 1051, a landscape architect under

Chapter 1052, or an interior designer under Chapter 1053 from

performing an act, service, or work that is within the definition of

the person’s practice under those chapters.

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Sec.A1001.064.AASTATE LAND SURVEYORS. A licensed state land

surveyor is exempt from this chapter in performing a state land

surveyor’s duties.


Sec.A1001.065.AAEMPLOYEES OF INSTITUTIONS OF HIGHER

EDUCATION. (a) In this section, "institution of higher education"

and "private or independent institution of higher education" have

the meanings assigned by Section 61.003, Education Code.

(b)AAAn employee of an institution of higher education or a

private or independent institution of higher education who is

performing research or instructional work within the scope of the

person’s employment by the institution is exempt from the licensing

requirements of this chapter.

Acts 2003, 78th Leg., ch. 1276, Sec. 14A.002(a), eff. Sept. 1, 2003.

Sec.A1001.066.AACERTAIN NASA-RELATED ACTIVITIES. This

chapter does not:

(1)AAapply to a business entity or the business entity ’s

employees to the extent that the entity ’s products or services

consist of space vehicles or space services provided to, or space

technology transfer programs required by, the National Aeronautics

and Space Administration; or

(2)AAprohibit the use of the term "engineer" or

"engineering" in a job title or personnel classification by an

employee described by Subdivision (1) to the extent that the use of

the title or classification is related to activities described by

that subdivision.

Added by Acts 2003, 78th Leg., ch. 1168, Sec. 5, eff. Sept. 1, 2003.

Sec. 1001.067.AACERTAIN FIRE DEPARTMENT EMPLOYEES. This

chapter does not prohibit the professional use of the term "fire

engineer" by a member of a fire department in a municipality with a

population of one million or more that has adopted Chapter 143,

Local Government Code, and to which Subchapter G of that chapter

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does not generally apply, who:

(1)AAholds the position of fire apparatus operator; and

(2)AAis not otherwise engaged in the practice of

engineering.

Added by Acts 2009, 81st Leg., R.S., Ch. 1142 (H.B. 2649), Sec. 2,

eff. June 19, 2009.

Sec. 1001.068.AACERTAIN OUT-OF-STATE ENGINEERS ENGAGED IN

EVALUATING OIL AND GAS RESOURCES.A(a) In this section, "evaluation

of oil and gas resources" includes:

(1)AAthe quantification of the volume of oil and gas

reserves and resources in the subsurface of the earth;

(2)AAthe determination of production forecasts for the

reserves or resources; and

(3)AAthe evaluation of the economic impact of the

production forecasts.

(b)AAThis chapter does not apply to the evaluation of oil and

gas resources if the evaluation:

(1)AAis done by an engineer licensed in a state that

does not prohibit engineers licensed under this chapter from

engaging in the evaluation of oil and gas resources in that state;

(2)AAdoes not involve design, construction, or

engineering assessments on the surface; and

(3)AAdoes not present a risk to public health or safety.

Added by Acts 2011, 82nd Leg., R.S., Ch. 161 (H.B. 2067), Sec. 1,

eff. May 28, 2011.

SUBCHAPTER C. TEXAS BOARD OF PROFESSIONAL ENGINEERS

Sec.A1001.101.AABOARD MEMBERSHIP. (a) The Texas Board of

Professional Engineers consists of nine members appointed by the

governor with the advice and consent of the senate as follows:

(1)AAsix engineers; and

(2)AAthree members who represent the public.

(b)AAAppointments to the board shall be made without regard

to the race, color, disability, sex, religion, age, or national

origin of the appointee.

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2003.

Sec.A1001.102.AAMEMBER ELIGIBILITY. (a) A person may not be

a public member of the board if the person or the person ’s spouse:

(1)AAis registered, certified, or licensed by a

regulatory agency in the field of engineering;

(2)AAis employed by or participates in the management

of a business entity or other organization regulated by or

receiving money from the board;

(3)AAowns or controls, directly or indirectly, more

than a 10 percent interest in a business entity or other

organization regulated by or receiving money from the board; or

(4)AAuses or receives a substantial amount of tangible

goods, services, or money from the board other than compensation or

reimbursement authorized by law for board membership, attendance,

or expenses.

(b)AAAn engineer member of the board must:

(1)AAbe a citizen of the United States and a resident of

this state for at least 10 years before the date of appointment;

and

(2)AAhave been engaged in the practice of engineering

for at least 10 years before the date of appointment.

(c)AAFor purposes of Subsection (b)(2), a person who has

graduated from an approved engineering school may be considered to

have engaged in the practice of engineering for two years.



2003.

Sec.A1001.103.AAMEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)

In this section, "Texas trade association" means a cooperative and

voluntarily joined statewide association of business or

professional competitors in this state designed to assist its

members and its industry or profession in dealing with mutual

business or professional problems and in promoting their common

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interest.

(a-1)AAA person may not be a member of the board and may not

be a board employee employed in a "bona fide executive,

administrative, or professional capacity," as that phrase is used

for purposes of establishing an exemption to the overtime

provisions of the federal Fair Labor Standards Act of 1938 (29

U.S.C. Section 201 et seq.), and its subsequent amendments, if:

(1)AAthe person is an officer, employee, or paid

consultant of a Texas trade association in the field of

engineering; or

(2)AAthe person’s spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of

engineering.

(b)AAA person may not be a member of the board or act as the

general counsel to the board if the person is required to register

as a lobbyist under Chapter 305, Government Code, because of the

person’s activities for compensation on behalf of a profession

related to the operation of the board.



2003.

Sec.A1001.104.AATERMS; VACANCY. (a) Board members serve

staggered six-year terms, with the terms of one-third of the

members expiring each odd-numbered year.

(b)AAIf a vacancy occurs during a member ’s term, the governor

shall appoint a replacement to fill the unexpired term.


Sec.A1001.105.AAPARTICIPATION OF PUBLIC MEMBERS. (a) The

board by majority vote may limit the participation of public

members in evaluating license applications.

(b)AAThis section does not apply to the evaluation of license

applications at an official meeting of the board.


Sec.A1001.106.AAGROUNDS FOR REMOVAL. (a) It is a ground for

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removal from the board that a member:

(1)AAdoes not have at the time of taking office the

qualifications required by Sections 1001.101 and 1001.102;

(2)AAdoes not maintain during service on the board the

qualifications required by Sections 1001.101 and 1001.102;

(3)AAis ineligible for membership under Section

1001.102 or 1001.103;

(4)AAcannot, because of illness or disability,

discharge the member’s duties for a substantial part of the member ’s

term; or

(5)AAis absent from more than half of the regularly

scheduled board meetings that the member is eligible to attend

during a calendar year without an excuse approved by a majority vote

of the board.

(b)AAThe validity of an action of the board is not affected by

the fact that it is taken when a ground for removal of a board member

exists.

(c)AAIf the executive director has knowledge that a potential

ground for removal exists, the executive director shall notify the

presiding officer of the board of the potential ground. The

presiding officer shall then notify the governor and the attorney

general that a potential ground for removal exists. If the

potential ground for removal involves the presiding officer, the

executive director shall notify the next highest ranking officer of

the board, who shall then notify the governor and the attorney

general that a potential ground for removal exists.



2003.

Sec. 1001.107.AAPER DIEM. A board member is entitled to

receive a per diem as set by the General Appropriations Act for each

day that the member engages in the business of the board.


Amended by:

Acts 2007, 80th Leg., R.S., Ch. 837 (H.B. 899), Sec. 1, eff.

September 1, 2007.

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Sec. 1001.108.AAOFFICERS. The governor shall designate a

member of the board as the presiding officer of the board to serve

in that capacity at the will of the governor.AAThe board shall elect

annually from its members an assistant presiding officer, a

treasurer, and a secretary.



2003.

Amended by:


September 1, 2007.

Sec.A1001.110.AAMEETINGS. The board shall hold at least two

regular meetings each year. Special meetings shall be held at the

time provided by the board ’s bylaws.


Sec.A1001.111.AAFILING OF OATH. Before assuming the duties

of office, each board member shall file with the secretary of state

a copy of the constitutional oath of office taken by the member.


Sec.A1001.112.AATRAINING. (a) A person who is appointed to

and qualifies for office as a member of the board may not vote,

deliberate, or be counted as a member in attendance at a meeting of

the board until the person completes a training program that

complies with this section.

(b)AAThe training program must provide the person with

information regarding:

(1)AAthis chapter;

(2)AAthe programs operated by the board;

(3)AAthe role and functions of the board;

(4)AAthe rules of the board, with an emphasis on the

rules that relate to disciplinary and investigatory authority;

(5)AAthe current budget for the board;

(6)AAthe results of the most recent formal audit of the

18


board;

(7)AAthe requirements of:

(A)AAthe open meetings law, Chapter 551,

Government Code;

(B)AAthe public information law, Chapter 552,

Government Code;

(C)AAthe administrative procedure law, Chapter

2001, Government Code; and

(D)AAother laws relating to public officials,

including conflict-of-interest laws; and

(8)AAany applicable ethics policies adopted by the

board or the Texas Ethics Commission.

(c)AAA person appointed to the board is entitled to

reimbursement, as provided by the General Appropriations Act, for

the travel expenses incurred in attending the training program

regardless of whether the attendance at the program occurs before

or after the person qualifies for office.

Added by Acts 2003, 78th Leg., ch. 1168, Sec. 11, eff. Sept. 1,

2003.

SUBCHAPTER D. BOARD PERSONNEL

Sec.A1001.151.AAPERSONNEL. (a) The board shall employ

clerical or other assistants as necessary to perform the board ’s

work.

(b)AAA salary paid under this section may not exceed the

salary paid for similar work in other departments.


Sec.A1001.152.AACAREER LADDER PROGRAM; PERFORMANCE

EVALUATIONS. (a) The executive director or the executive

director’s designee shall develop an intra-agency career ladder

program. The program must require intra-agency posting of each

nonentry level position with the board at least 10 days before the

date of any public posting.

(b)AAThe executive director or the executive director ’s

designee shall develop a system of annual performance evaluations

19




of the board’s employees based on measurable job tasks. All merit

pay authorized by the executive director must be based on the system

established under this subsection.


Sec.A1001.153.AADIVISION OF RESPONSIBILITIES. The board

shall develop and implement policies that clearly separate the

policy-making responsibilities of the board and the management

responsibilities of the executive director and the staff of the

board.


2003.

Sec.A1001.154.AAQUALIFICATIONS AND STANDARDS OF CONDUCT

INFORMATION. The executive director or the executive director’s

designee shall provide to members of the board and to board

employees, as often as necessary, information regarding the

requirements for office or employment under this chapter, including

information regarding a person’s responsibilities under applicable

laws relating to standards of conduct for state officers or

employees.


2003.

Sec.A1001.155.AAEQUAL EMPLOYMENT OPPORTUNITY POLICY;

REPORT. (a) The executive director or the executive director’s

designee shall prepare and maintain a written policy statement that

implements a program of equal employment opportunity to ensure that

all personnel decisions are made without regard to race, color,

disability, sex, religion, age, or national origin.

(b)AAThe policy statement must include:

(1)AApersonnel policies, including policies relating

to recruitment, evaluation, selection, training, and promotion of

personnel, that show the intent of the board to avoid the unlawful

employment practices described by Chapter 21, Labor Code; and

(2)AAan analysis of the extent to which the composition

of the board’s personnel is in accordance with state and federal law

20

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=LA&Value=21

and a description of reasonable methods to achieve compliance with

state and federal law.

(c)AAThe policy statement must:

(1)AAbe updated annually;

(2)AAbe reviewed by the Commission on Human Rights for

compliance with Subsection (b)(1); and

(3)AAbe filed with the governor’s office.


2003.

SUBCHAPTER E. BOARD POWERS AND DUTIES

Sec.A1001.201.AAGENERAL POWERS AND DUTIES. (a) The board

shall administer and enforce this chapter.

(b)AAThe board may spend money for any purpose the board

considers reasonably necessary for the proper performance of its

duties under this chapter.


Sec.A1001.202.AARULES. The board may adopt and enforce any

rule or bylaw necessary to perform its duties, govern its

proceedings, and regulate the practice of engineering.


Sec.A1001.203.AARULES RESTRICTING ADVERTISING OR

COMPETITIVE BIDDING. (a) The board by rule shall prescribe

standards for compliance with Subchapter A, Chapter 2254,

Government Code.

(b)AAExcept as provided by Subsection (a), the board may not

adopt rules restricting advertising or competitive bidding by a

license holder except to prohibit false, misleading, or deceptive

practices.

(c)AAIn its rules to prohibit false, misleading, or deceptive

practices, the board may not include a rule that:

(1)AArestricts the use of any medium for advertising;

(2)AArestricts the use of a license holder ’s personal

appearance or voice in an advertisement;

21


(3)AArelates to the size or duration of an

advertisement by the license holder; or

(4)AArestricts the license holder’s advertisement under

a trade name.



2003.

Sec.A1001.2035.AARULES ON CONSEQUENCES OF CRIMINAL

CONVICTION. The board shall adopt rules and guidelines as

necessary to comply with Chapter 53.


2003.

Sec.A1001.204.AAFEES. (a) The board shall establish the

following fees in amounts reasonable and necessary to cover the

costs of administering this chapter:

(1)AAlicense fee;

(2)AAannual and late renewal fees;

(3)AAreciprocal license fee;

(4)AAduplicate license fee;

(5)AAengineer-in-training certificate fee;

(6)AAroster of engineers fee;

(7)AAexamination fee;

(8)AAregistration fee for engineering firm; and

(9)AAinactive status fee.

(b)AAFee revenue may not exceed the amount reasonable and

necessary to administer this chapter.

(c)AAGeneral revenue of the state may not be used to pay the

costs of administering this chapter in an amount that exceeds the

amount of fees received under this chapter.



2003.

Amended by:


September 1, 2005.

22



Sec.A1001.205.AAREDUCED FEES: ELDERLY, DISABLED, INACTIVE

STATUS. (a) For purposes of this section, a person is disabled if

the person has a mental or physical impairment that substantially

limits the ability of the person to earn a living as an engineer,

other than an impairment caused by a current addiction to the use of

alcohol or an illegal drug or controlled substance.

(b)AAThe board by rule may adopt reduced license fees and

annual renewal fees for engineers who are:

(1)AAat least 65 years of age; or

(2)AAdisabled and not actively engaged in the practice

of engineering.

(c)AAA person entitled to reduced fees under Subsection

(b)(2) shall notify the board that the person has resumed the active

practice of engineering not later than the 15th day after the date

the person resumes active practice.


Sec.A1001.207.AASTANDARDS OF CONDUCT AND ETHICS. The board

may establish standards of conduct and ethics for engineers in

keeping with the purposes and intent of this chapter and to ensure

strict compliance with and enforcement of this chapter.


Sec.A1001.208.AAROSTER OF ENGINEERS. (a) The board shall

prepare and publish a roster of persons, including business

entities, licensed, registered, certified, or enrolled by the

board. The roster shall include the name, business address, and

other identifying information required by board rule.

(b)AAThe board shall make the roster available to the public

without cost in an online computer database format.

(c)AAThe board shall provide a physical copy of the roster on

request and may charge a reproduction and shipping fee for

providing a physical copy of the roster.


Sec.A1001.209.AAREGISTER OF APPLICANTS. The board shall

23

maintain a register of license applications that shows:

(1)AAthe name, age, and residence of each applicant;

(2)AAthe date of the application;

(3)AAthe applicant ’s place of business;

(4)AAthe applicant’s educational and other

qualifications;

(5)AAwhether an examination was required;

(6)AAwhether the applicant was issued or denied a

license;

(7)AAthe date of board action; and

(8)AAany other information the board considers

necessary.


Sec.A1001.210.AACONTINUING EDUCATION PROGRAMS. (a) The

board shall recognize, prepare, or administer continuing education

programs for its license holders. A license holder must

participate in the programs to the extent required by the board to

keep the person ’s license.

(b)AAThe board may not require a license holder to obtain

more than 15 hours of continuing education annually. The board

shall permit a license holder to certify at the time the license is

renewed that the license holder has complied with the board ’s

continuing education requirements.

(c)AAThe board shall permit a license holder to receive

continuing education credit for educational, technical, ethical,

or professional management activities related to the practice of

engineering, including:

(1)AAsuccessfully completing or auditing a course

sponsored by an institution of higher education;

(2)AAsuccessfully completing a course certified by a

professional or trade organization;

(3)AAattending a seminar, tutorial, short course,

correspondence course, videotaped course, or televised course;

(4)AAparticipating in an in-house course sponsored by a

corporation or other business entity;

(5)AAteaching a course described by Subdivisions

24

(1)-(4);

(6)AApublishing an article, paper, or book on the

practice of engineering;

(7)AAmaking or attending a presentation at a meeting of

a technical or engineering management society or organization or

writing a paper presented at such a meeting;

(8)AAparticipating in the activities of a professional

society or association, including serving on a committee of the

organization; and

(9)AAengaging in self-directed study.

(d)AAA license holder may not receive more than five

continuing education credit hours annually for engaging in

self-directed study.



2003.

Sec.A1001.211.AARECORDS. (a) The board shall maintain a

record of its proceedings.

(b)AAThe board’s records shall be available to the public at

all times.

(c)AAThe board’s records are prima facie evidence of the

proceedings of the board set forth in the records. A transcript of

the records certified by the secretary of the board under seal is

admissible in evidence with the same effect as if it were the

original.


Sec.A1001.212.AACONFIDENTIALITY OF CERTAIN INFORMATION

RELATED TO LICENSE APPLICATION. (a) A statement made by a person

providing a reference for an applicant and other pertinent

information compiled by or submitted to the board relating to an

applicant for a license under this chapter is privileged and

confidential.

(b)AAInformation described by Subsection (a) may be used only

by the board or its employees or agents who are directly involved in

the application or licensing process. The information is not

25

subject to discovery, subpoena, or other disclosure.


Sec.A1001.213.AASUBPOENA. (a) The board may request and, if

necessary, compel by subpoena:

(1)AAthe attendance of a witness for examination under

oath; and

(2)AAthe production for inspection or copying of

records, documents, and other evidence relevant to the

investigation of an alleged violation of this chapter.

(b)AAThe board, acting through the attorney general, may

bring an action to enforce a subpoena issued under Subsection (a)

against a person who fails to comply with the subpoena.

(c)AAVenue for an action brought under Subsection (b) is in a

district court in:

(1)AATravis County; or

(2)AAthe county in which the board may hold a hearing.

(d)AAThe court shall order compliance with the subpoena if

the court finds that good cause exists to issue the subpoena.


Sec.A1001.214.AATECHNOLOGY POLICY. The board shall develop

and implement a policy requiring the executive director and board

employees to research and propose appropriate technological

solutions to improve the board ’s ability to perform its functions.

The technological solutions must:

(1)AAensure that the public is able to find information

about the board on the Internet;

(2)AAensure that persons who want to use the board ’s

services are able to:

(A)AAinteract with the board through the Internet;

and

(B)AAaccess any service that can be provided

effectively through the Internet; and

(3)AAbe cost-effective and developed through the

board’s planning processes.


26

2003.

Sec.A1001.215.AANEGOTIATED RULEMAKING AND ALTERNATIVE

DISPUTE RESOLUTION POLICY. (a) The board shall develop and

implement a policy to encourage the use of:

(1)AAnegotiated rulemaking procedures under Chapter

2008, Government Code, for the adoption of board rules; and

(2)AAappropriate alternative dispute resolution

procedures under Chapter 2009, Government Code, to assist in the

resolution of internal and external disputes under the board ’s

jurisdiction.

(b)AAThe board’s procedures relating to alternative dispute

resolution must conform, to the extent possible, to any model

guidelines issued by the State Office of Administrative Hearings

for the use of alternative dispute resolution by state agencies.

(c)AAThe board shall designate a trained person to:

(1)AAcoordinate the implementation of the policy

adopted under Subsection (a);

(2)AAserve as a resource for any training needed to

implement the procedures for negotiated rulemaking or alternative

dispute resolution; and

(3)AAcollect data concerning the effectiveness of those

procedures, as implemented by the board.


2003.

SUBCHAPTER F. CONSUMER INTEREST INFORMATION AND COMPLAINT

PROCEDURES

Sec.A1001.251.AACONSUMER INTEREST INFORMATION. (a) The

board shall prepare information of consumer interest describing the

regulatory functions of the board and the procedures by which

consumer complaints are filed with and resolved by the board.

(b)AAThe board shall make the information available to the

public and appropriate state agencies.

(c)AAThe board shall maintain on the board’s Internet

website:

27



(1)AAinformation regarding the procedure for filing a

complaint with the board; and

(2)AAa form that a person may use to file a complaint

with the board.



2003.

Sec.A1001.252.AAGENERAL RULES REGARDING COMPLAINT

INVESTIGATION AND DISPOSITION. (a) The board shall adopt rules

that permit the board to receive and investigate a confidential

complaint against a license holder or other person who may have

violated this chapter. The board shall maintain the

confidentiality of the complaint during the investigation.

(b)AAThe board by rule shall specify:

(1)AAthe manner by which a person may contact the board

for assistance in filing a complaint;

(2)AAthe place at which a complaint must be filed;

(3)AAthe proper form of a complaint; and

(4)AAthe information that must be included in a

complaint.

(c)AAThe board’s procedures must permit a member of the

public who desires to file a complaint to:

(1)AAspeak to an investigator on the staff of the board

if the person desires to do so; or

(2)AAeasily and conveniently access the board ’s

complaint process without being required to speak to an

investigator on the staff of the board if the person does not desire

to speak to an investigator.

(d)AAThe board shall consider any written grievance against a

license holder or other person filed with the board as a complaint.

(e)AAA complaint must include information sufficient for the

board to determine whether it has the authority to resolve the

complaint. A complaint that contains sufficient information for

the board to commence an investigation is not required to include

all of the information necessary for the board to determine the

validity of the complaint.

28

(f)AAOn receipt of a complaint, the board shall determine

whether the board has the authority to resolve the complaint. If

the board does not have the authority to resolve the complaint, the

board shall dismiss the complaint. If the board has the authority

to resolve the complaint, the board shall initiate a disciplinary

proceeding against the person who is the subject of the complaint.

(g)AAThe board by rule shall prescribe a method for

prioritizing complaints for purposes of complaint investigation.

In establishing priorities:

(1)AAa complaint that alleges an action that could

potentially harm the public takes precedence over a complaint that

does not allege an action that could potentially harm the public;

and

(2)AAwith regard to complaints that do not allege an

action that could potentially harm the public, a complaint filed by

a member of the public takes precedence over a complaint filed by

the staff of the board.

(h)AAThe board’s staff is responsible for conducting all

phases of complaint investigation, including gathering evidence

necessary to determine the validity of the complaint.

(i)AAThe board may employ or contract with advisors,

consultants, engineers, or other persons to provide technical

assistance in investigations and disciplinary proceedings. Except

for an action involving fraud, conspiracy, or malice, a person

whose services are obtained by the board under this subsection is

immune from civil liability and may not be subjected to a suit for

damages for any investigation, report, recommendation, statement,

evaluation, finding made, or other action taken in the course of

performing the person’s official duties.

(j)AAThe board’s staff shall regularly report to the board on

each complaint dismissed by board staff, including:

(1)AAthe name of the complainant;

(2)AAthe name of the person who is the subject of the

complaint;

(3)AAthe basis of the complaint; and

(4)AAthe reason for the dismissal of the complaint.

(k)AAExcept as provided by Subsection (l), a complaint filed

29

with the board is public information.

(l)AAFor any complaint determined to be frivolous or without

merit, the complaint and other enforcement case information related

to that complaint are confidential.AAThe information may be used

only by the board or by its employees or agents directly involved in

the enforcement process for that complaint.AAThe information is not

subject to discovery, subpoena, or other disclosure.

(m)AAIn this section, "frivolous complaint" means a

complaint that the executive director and investigator, with board

approval, determined:

(1)AAwas made for the purpose of harassment; and

(2)AAdoes not demonstrate harm to any person.



2003.

Amended by:


September 1, 2005.

Sec.A1001.253.AACOMPLAINT INFORMATION. (a) The board

shall:

(1)AAassign a number to each complaint filed with the

board; and

(2)AAensure that each phase of the processing of a

complaint is appropriately documented.

(b)AAThe board shall maintain a file on each written

complaint filed with the board. The file must include:

(1)AAthe name of the person who filed the complaint;

(2)AAthe date the complaint is received by the board;

(3)AAthe subject matter of the complaint;

(4)AAthe name of each person contacted in relation to

the complaint;

(5)AAa summary of the results of the review or

investigation of the complaint; and

(6)AAan explanation of the reason the file was closed,

if the board closed the file without taking action other than to

investigate the complaint.

30


(c)AAThe board shall provide to the person filing the

complaint and to each person who is a subject of the complaint a

copy of the board’s policies and procedures relating to complaint

investigation and resolution.

(d)AAThe board, at least quarterly and until final

disposition of the complaint, shall notify the parties to the

complaint of the status of the complaint unless the notice would

jeopardize an undercover investigation.



2003.

Sec.A1001.254.AASTATISTICAL ANALYSIS OF COMPLAINTS. (a)

The board shall develop and maintain a complaint tracking system to

monitor the processing of complaints filed with the board.

(b)AAThe board shall include with the board ’s annual

financial report under Section 2101.011, Government Code, a

statistical analysis of the complaints filed with the board during

the preceding year, including:

(1)AAthe number of complaints filed;

(2)AAa categorization of complaints filed according to

the basis of the complaint and the number of complaints in each

category;

(3)AAthe number of complaints filed by board staff;

(4)AAthe number of complaints filed by persons other

than board staff;

(5)AAthe average length of time required to resolve a

complaint;

(6)AAthe number of complaints resolved and the manner

in which they were resolved, including:

(A)AAthe number of complaints dismissed and the

reasons for dismissal; and

(B)AAthe number of complaints resulting in

disciplinary action, the disciplinary action taken, and whether the

disciplinary action taken was imposed by stipulation, agreed

settlement, consent order, default, or order following a contested

case hearing; and

31

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=2101.011

(7)AAthe number of complaints filed that are

unresolved, the number of those complaints filed by board staff,

the number of those complaints filed by persons other than board

staff, and the average length of time that the unresolved

complaints have been on file.


2003.

Sec.A1001.255.AAPUBLIC PARTICIPATION. The board shall

develop and implement policies that provide the public with a

reasonable opportunity to appear before the board and to speak on

any issue under the jurisdiction of the board.


2003.

SUBCHAPTER G. LICENSE REQUIREMENTS

Sec.A1001.301.AALICENSE REQUIRED. (a) A person may not

engage in the practice of engineering unless the person holds a

license issued under this chapter.

(b)AAExcept as provided by Subsection (f), a person may not,

unless the person holds a license issued under this chapter,

directly or indirectly use or cause to be used as a professional,

business, or commercial identification, title, name,

representation, claim, asset, or means of advantage or benefit any

of, or a variation or abbreviation of, the following terms:

(1)AA"engineer";

(2)AA"professional engineer";

(3)AA"licensed engineer";

(4)AA"registered engineer";

(5)AA"registered professional engineer";

(6)AA"licensed professional engineer"; or

(7)AA"engineered."

(c)AAExcept as provided by Subsection (f), a person may not

directly or indirectly use or cause to be used an abbreviation,

word, symbol, slogan, or sign that tends or is likely to create an

impression with the public that the person is qualified or

32

authorized to engage in the practice of engineering unless the

person holds a license and is practicing under this chapter.

(d)AAA person may not receive any fee or compensation or the

promise of any fee or compensation for engaging in the practice of

engineering unless the person holds a license issued under this

chapter.

(e)AAA person, sole proprietorship, firm, partnership,

association, or corporation that engages in or offers or attempts

to engage in conduct described by this section is conclusively

presumed to be engaged in the practice of engineering.

(f)AANotwithstanding the other provisions of this chapter, a

regular employee of a business entity who is engaged in engineering

activities but is exempt from the licensing requirements of this

chapter under Sections 1001.057 or 1001.058 is not prohibited from

using the term "engineer" on a business card, cover letter, or other

form of correspondence that is made available to the public if the

person does not:

(1)AAoffer to the public to perform engineering

services; or

(2)AAuse the title in any context outside the scope of

the exemption in a manner that represents an ability or willingness

to perform engineering services or make an engineering judgment

requiring a licensed professional engineer.

(g)AASubsection (f) does not authorize a person to use a term

listed in Subsections (b)(2)-(6) or a variation or abbreviation of

one of those terms.



2003.

Sec.A1001.302.AALICENSE ELIGIBILITY REQUIREMENTS. (a) An

applicant for a license under this chapter must submit evidence

satisfactory to the board showing at least that the applicant has:

(1)AAgraduated from:

(A)AAan engineering curriculum approved by the

board as having satisfactory standing; or

(B)AAan engineering or related science curriculum

33



at a recognized institution of higher education, other than a

curriculum approved by the board under Paragraph (A);

(2)AApassed the examination requirements prescribed by

the board; and

(3)AAengaged in the active practice of engineering for

at least:

(A)AAfour years, if the applicant graduated from a

curriculum described by Subdivision (1)(A); or

(B)AAeight years, if the applicant graduated from

a curriculum described by Subdivision (1)(B).

(b)AATo satisfy the requirement of Subsection (a)(3), an

applicant must submit a specific record showing engineering work of

a character satisfactory to the board indicating that the applicant

is competent to be placed in responsible charge of that work.

(c)AAFor purposes of determining an applicant’s

qualifications under Subsection (a)(3), the board may not consider

as active practice in engineering work:

(1)AAengineering teaching;

(2)AAthe mere execution, as a contractor, of work

designed by an engineer; or

(3)AAthe supervision, as a foreman or superintendent,

of the construction of work designed by an engineer.

(d)AAA person is not eligible to be licensed as an engineer

unless the person is of good character and reputation.

(e)AAA person who has the necessary license qualifications

described by this chapter is eligible for the license regardless of

whether the person is practicing at the time the person applies for

the license.


Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.003(a), eff.

Sept. 1, 2003.

Sec.A1001.303.AAAPPLICATION FOR LICENSE. (a) An applicant

for a license under this chapter must submit an application on a

form prescribed and provided by the board.

(b)AAThe application must contain:

(1)AApersonal information about the applicant, as

34

required by board rule;

(2)AAa description of the applicant’s education;

(3)AAa detailed summary of the applicant ’s actual

engineering work;

(4)AAa description of any engineering license or

registration previously issued to the applicant and any denial,

revocation, or suspension of an engineering license or registration

held by the applicant;

(5)AAa description of any criminal offense of which the

applicant has been convicted; and

(6)AAat least three references from engineers having

personal knowledge of the applicant’s character, reputation,

general suitability for a license, and engineering experience.



2003.

Sec. 1001.3035.AACRIMINAL HISTORY RECORD INFORMATION

REQUIREMENT FOR LICENSE ISSUANCE. (a)AAThe board shall require

that an applicant for a license submit a complete and legible set of

fingerprints, on a form prescribed by the board, to the board or to

the Department of Public Safety for the purpose of obtaining

criminal history record information from the Department of Public

Safety and the Federal Bureau of Investigation.

(b)AAThe board may not issue a license to a person who does

not comply with the requirement of Subsection (a).

(c)AAThe board shall conduct a criminal history check of each

applicant for a license using information:

(1)AAprovided by the individual under this section; and

(2)AAmade available to the board by the Department of

Public Safety, the Federal Bureau of Investigation, and any other

criminal justice agency under Chapter 411, Government Code.

(d)AAThe board may:

(1)AAenter into an agreement with the Department of

Public Safety to administer a criminal history check required under

this section; and

(2)AAauthorize the Department of Public Safety to

35


collect from each applicant the costs incurred by the Department of

Public Safety in conducting the criminal history check.

Added by Acts 2013, 83rd Leg., R.S., Ch. 402 (S.B. 204), Sec. 5,


Sec.A1001.304.AAEXAMINATION. (a) The board shall

administer examinations to determine the qualifications of

applicants for a license.

(b)AAThe board shall prescribe the scope of the examination

and the methods of procedure with special reference to an

applicant’s ability to design and supervise engineering works to

ensure the safety of life, health, and property.

(c)AAOn payment of the examination fee, the board shall

administer an oral or written examination to a qualified applicant

at a time and place determined by the board.

(d)AAThe board by rule shall ensure that the examination is

administered to applicants with disabilities in compliance with the

Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et

seq.), and its subsequent amendments.

(e)AAThe board shall:

(1)AAadopt policies and guidelines detailing the

procedures for the examination process, including examination

admission, examination administration, and national examination

requirements; and

(2)AApost on the board’s Internet website the policies

that reference the examination procedures of the board or, if

applicable, the national organization selected by the board to

administer an examination.



2003.

Amended by:


September 1, 2013.

Sec.A1001.305.AAWAIVER OF EXAMINATION REQUIREMENT. The

board by rule may waive all or part of the examination requirement

36



for an applicant for the issuance or reissuance of a license. The

board may not waive the requirement unless the board first

determines that:

(1)AAthe applicant possesses sufficient qualifications

to justify the waiver; and

(2)AAissuing or reissuing the license to the applicant

does not pose a threat to the public health, safety, or welfare.


Sec.A1001.306.AAEXAMINATION RESULTS. (a) Not later than the

30th day after the date a person takes a licensing examination under

this chapter, the board shall notify the person of the results of

the examination.

(a-1)AAIf the examination is graded or reviewed by a testing

service:

(1)AAthe board shall notify the person of the results of

the examination not later than the 14th day after the date the board

receives the results from the testing service; and

(2)AAif notice of the examination results will be

delayed for longer than 90 days after the examination date, the

board shall notify the person of the reason for the delay before the

90th day.

(b)AAThe board may require a testing service to notify a

person of the results of the person’s examination.

(c)AAIf requested in writing by a person who fails a

licensing examination administered under this chapter, the board

shall furnish the person with an analysis of the person ’s

performance on the examination.

(d)AAExamination results reported under this section must

include a numerical score and an indication of whether the person

passed or failed the examination.



2003.

Amended by:


September 1, 2007.

37


Sec.A1001.307.AAREEXAMINATION. The board may permit

reexamination of an applicant on payment of an appropriate

reexamination fee in an amount set by the board.


Sec.A1001.308.AAISSUANCE OF LICENSE. (a) On payment of the

license fee, the board shall issue a license authorizing the

practice of engineering to an applicant who, in the board ’s

opinion, has met all the requirements of this subchapter.

(b)AAA license shall:

(1)AAshow the full name of the license holder;

(2)AAhave a serial number; and

(3)AAbe signed by the presiding officer and the

secretary of the board under the board ’s seal.

(c)AAA license is evidence that the person named on the

license is entitled to all rights and privileges of an engineer.


Sec.A1001.309.AACERTIFICATION OR ENROLLMENT OF

ENGINEERS-IN-TRAINING. (a) The board shall certify or enroll as

an engineer-in-training an applicant who meets the requirements of

Subsection (b) if the applicant is otherwise qualified.

(b)AAThe board shall consider as minimum evidence that an

applicant is qualified for certification or enrollment as an

engineer-in-training if the applicant:

(1)AAcomplies with the education and character

requirements of Section 1001.302; and

(2)AAhas passed the board’s examination in the

fundamentals of engineering.

(c)AAThe fee for an engineer-in-training certificate or

enrollment must accompany the application.

(d)AAThe certification or enrollment of an

engineer-in-training is valid for eight years.


Amended by:


38



September 1, 2013.

Sec.A1001.310.AATEMPORARY OR PROVISIONAL LICENSE. (a) The

board by rule may adopt standards and procedures for issuing a

temporary or provisional license under this chapter.

(b)AAThe board may issue a provisional license to an

applicant currently licensed in another jurisdiction who seeks a

license in this state and who:

(1)AAhas been licensed in good standing as an engineer

for at least two years in another jurisdiction, including a foreign

country, that has licensing requirements substantially equivalent

to the requirements of this chapter;

(2)AAhas passed a national or other examination

recognized by the board relating to the practice of engineering;

and

(3)AAis sponsored by a person licensed by the board

under this chapter with whom the provisional license holder will

practice during the time the person holds a provisional license.

(c)AAThe board may waive the requirement of Subsection (b)(3)

for an applicant if the board determines that compliance with that

subsection would be a hardship to the applicant.

(d)AAA provisional license is valid until the date the board

approves or denies the provisional license holder’s application for

a license. The board shall issue a license under this chapter to

the provisional license holder if:

(1)AAthe provisional license holder is eligible to be

licensed under Section 1001.311(b); or

(2)AAthe provisional license holder meets the following

requirements:

(A)AAthe provisional license holder passes an

examination that tests the provisional license holder ’s knowledge

and understanding of the laws and rules relating to the practice of

engineering in this state;

(B)AAthe board verifies that the provisional

license holder meets the academic and experience requirements for a

license under this chapter; and

(C)AAthe provisional license holder satisfies any

39


other licensing requirements under this chapter.

(e)AAThe board must approve or deny a provisional license

holder’s application for a license not later than the 180th day

after the date the provisional license is issued. The board may

extend the 180-day period if the results of an examination have not

been received by the board before the end of that period.

(f)AAThe board may establish a fee for provisional licenses

in an amount reasonable and necessary to cover the cost of issuing

the license.



2003.

Sec.A1001.311.AAAPPLICATION BY NONRESIDENT. (a) A person

who holds a license or certificate of registration issued by

another state or a foreign country may apply for a license in this

state.

(b)AAThe board may waive any prerequisite to obtaining a

license for an applicant after reviewing the applicant’s

credentials and determining that the applicant holds a license

issued by another jurisdiction that has licensing requirements

substantially equivalent to those of this state.



2003.

Sec.A1001.312.AAREPLACEMENT LICENSE. The board, subject to

board rules, may issue a new license to replace a license that is

lost, destroyed, or mutilated.


SUBCHAPTER H. LICENSE RENEWAL

Sec.A1001.351.AAANNUAL RENEWAL REQUIRED. (a) The board

shall provide for the annual renewal of a license or registration

issued under this chapter.

(b)AAThe board by rule may adopt a system under which

40

licenses and registrations expire on various dates during the year.

For the year in which the license or registration expiration date is

changed, the board shall prorate license or registration fees on a

monthly basis so that each license or registration holder pays only

that portion of the license or registration fee that is allocable to

the number of months during which the license or registration is

valid. On renewal of the license or registration on the new

expiration date, the total license or registration renewal fee is

payable.



2003.

Sec.A1001.352.AANOTICE OF LICENSE EXPIRATION. Not later

than the 30th day before the date a person ’s license is scheduled to

expire, the board shall send written notice of the impending

expiration to the person at the person’s last known address

according to the records of the board.



2003.

Sec.A1001.353.AAPROCEDURE FOR RENEWAL. (a) A person who is

otherwise eligible to renew a license may renew an unexpired

license by paying the required annual renewal fee to the board

before the expiration date of the license.AAA person whose license

has expired may not engage in activities that require a license

until the license has been renewed.

(b)AAA person whose license has been expired for 90 days or

less may renew the license by paying to the board the required

annual renewal fee and a late renewal fee.

(c)AAA person whose license has been expired for more than 90

days but less than two years may renew the license by paying to the

board the required annual renewal fee and a late renewal fee for

each delinquent year or part of a year.

(d)AAA person whose license has been expired for two years or

more may not renew the license. The person may obtain a new license

41

by complying with the requirements and procedures, including the

examination requirements, for obtaining an original license.



2003.

Amended by:


September 1, 2005.

Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 31(i), eff.

September 1, 2015.

Sec. 1001.3535.AACRIMINAL HISTORY RECORD INFORMATION

REQUIREMENT FOR LICENSE RENEWAL. (a)AAAn applicant renewing a

license issued under this chapter shall submit a complete and

legible set of fingerprints for purposes of performing a criminal

history check of the applicant as provided by Section 1001.3035.

(b)AAThe board may not renew the license of a person who does

not comply with the requirement of Subsection (a).

(c)AAA license holder is not required to submit fingerprints

under this section for the renewal of the license if the license

holder has previously submitted fingerprints under:

(1)AASection 1001.3035 for the initial issuance of the

license; or

(2)AAthis section as part of a prior license renewal.



Sec.A1001.354.AARENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE

PRACTITIONER. (a) A person who was licensed in this state, moved

to another state, and is currently licensed and has been in practice

in the other state for the two years preceding the date of

application may obtain a new license without reexamination.

(b)AAThe person must pay to the board a fee that is equal to

two times the normally required renewal fee for the license.


2003.

42






Sec.A1001.355.AAINACTIVE STATUS. (a) An engineer may

request inactive status at any time.AAA license holder on inactive

status may not practice engineering.

(b)AAA license holder on inactive status must pay an annual

fee set by the board.

(c)AAA license holder on inactive status is not required to:

(1)AAcomply with the continuing education requirements

adopted by the board; or

(2)AAtake an examination for reinstatement to active

status.

(d)AATo return to active status, a license holder on inactive

status must:

(1)AAfile with the board a written notice requesting

reinstatement to active status;

(2)AApay the fee for the annual renewal of the license;

and

(3)AAprovide evidence satisfactory to the board that

the person has complied with the continuing education requirements

adopted by the board.


2003.

Amended by:


September 1, 2007.

Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 31(j), eff.

September 1, 2015.

SUBCHAPTER I. PRACTICE OF ENGINEERING

Sec.A1001.401.AAUSE OF SEAL. (a) On receiving a license, a

license holder shall obtain a seal in a design authorized by the

board, showing the license holder’s name and the legend "Licensed

Professional Engineer" or "Registered Professional Engineer."

(b)AAA plan, specification, plat, or report issued by a

license holder for a project to be constructed or used in this state

must include the license holder’s seal placed on the document.AAA

license holder is not required to use a seal required by this

43



section if the project is to be constructed or used in another state

or country.

(c)AAA person may not place a seal on a document if the

license of the license holder named on the seal has expired or has

been suspended or revoked.

(d)AAA license holder is not required to use a seal under this

section for a project for which the license holder is not required

to hold a license under an exemption provided by Subchapter B.

(e)AAA license holder shall not be required to provide or

hold any additional certification, other than a license issued

under this chapter, to seal an engineering plan, specification,

plat, or report.


Amended by:


September 1, 2005.


September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1142 (H.B. 2649), Sec. 3, eff.

June 19, 2009.

Sec.A1001.402.AAENFORCEMENT BY CERTAIN PUBLIC OFFICIALS. A

public official of the state or of a political subdivision of the

state who is responsible for enforcing laws that affect the

practice of engineering may accept a plan, specification, or other

related document only if the plan, specification, or other document

was prepared by an engineer, as evidenced by the engineer ’s seal.


Sec.A1001.403.AAPROFESSIONAL IDENTIFICATION. A person

licensed under this chapter shall use the term "Engineer,"

"Professional Engineer," or "P.E." in the professional use of the

person’s name on a sign, directory, listing, document, contract,

pamphlet, stationery, advertisement, signature, or another similar

written or printed form of identification.


44




Sec.A1001.404.AAELIGIBILITY FOR APPOINTED STATE POSITION.

An engineer is eligible to hold any appointive engineering position

with the state.


Sec.A1001.405.AAPRACTICE BY BUSINESS ENTITY; REGISTRATION.

(a) In this section, "business entity" includes a sole

proprietorship, firm, partnership, corporation, or joint stock

association.

(b)AAA business entity may not engage in the practice of

engineering in this state unless:

(1)AAthe business entity is registered with the board;

and

(2)AAthe practice is carried on only by engineers.

(c)AAA business entity may register under this section by

filing an application with the board on a form provided by the

board. In addition to any other information required by board rule,

the application must list the name and address of each officer or

director of the business entity and each engineer who engages in the

practice of engineering on behalf of the business entity.

(d)AAThe registration of a business entity issued under this

section expires on the first anniversary of the date the

registration is issued. The registration may be renewed by the

filing of an updated application under Subsection (c).

(e)AAA business entity may not represent to the public that

it is engaged in the practice of engineering under any business name

or use or cause to be used the term "engineer," "engineering,"

"engineering services," "engineering company," "engineering,

inc.," "professional engineers," "licensed engineer," "registered

engineer," "licensed professional engineer," "registered

professional engineer," or "engineered," or any abbreviation or

variation of those terms, or directly or indirectly use or cause to

be used any of those terms in combination with other words, letters,

signs, or symbols as a part of any sign, directory, listing,

contract, document, pamphlet, stationery, advertisement,

signature, or business name unless:

(1)AAthe business entity is registered under this

45

section;

(2)AAthe business entity is actively engaged in the

practice of engineering; and

(3)AAeach service, work, or act performed by the

business entity that is part of the practice of engineering is

either personally performed by an engineer or directly supervised

by an engineer who is a regular full-time employee of the business

entity.

(f)AAThis section does not prohibit an engineer from

performing engineering services on a part-time basis.

(g)AANotwithstanding the other provisions of this section,

the board by rule may provide that a business entity that has not

previously registered with the board and that is engaged in the

practice of engineering in violation of Subsection (b) is not

subject to disciplinary action for the violation if the business

entity registers with the board not later than the 30th day after

the date the board gives written notice to the business entity of

the registration requirement. This subsection does not apply to a

business entity whose registration has expired.



2003.

Sec.A1001.406.AAGRADUATE ENGINEERS. (a) A graduate of a

university recognized by the American Association of Colleges and

Universities who has a degree from an engineering program

accredited by the Accreditation Board for Engineering and

Technology (ABET) has the right to:

(1)AAdisclose any college degree received by the

person; and

(2)AAuse the term "graduate engineer" on the person ’s

stationery or business cards or in personal communications of any

character.

(b)AAA graduate engineer who is employed in a firm registered

under this chapter and who is working under the direct supervision

of a licensed professional engineer may use the term "engineer" on

the person’s stationery or business cards or in personal

46

communications of any character.



2003.

Sec.A1001.407.AACONSTRUCTION OF CERTAIN PUBLIC WORKS. The

state or a political subdivision of the state may not construct a

public work involving engineering in which the public health,

welfare, or safety is involved, unless:

(1)AAthe engineering plans, specifications, and

estimates have been prepared by an engineer; and

(2)AAthe engineering construction is to be performed

under the direct supervision of an engineer.


SUBCHAPTER J. PROHIBITED PRACTICES AND DISCIPLINARY PROCEDURES

Sec.A1001.451.AADISCIPLINARY POWERS OF BOARD. On a

determination that a ground for disciplinary action exists under

Section 1001.452, the board may:

(1)AAdeny an application for a license;

(2)AArevoke, suspend, or refuse to renew a license;

(3)AAprobate the suspension of a license; or

(4)AAformally or informally reprimand a license holder.


Sec.A1001.452.AAGROUNDS FOR DISCIPLINARY ACTION. A person

is subject to disciplinary action under Section 1001.451 for:

(1)AAa violation of this chapter or a board rule;

(2)AAfraud or deceit in obtaining a license;

(3)AAa documented instance of retaliation by an

applicant against an individual who has served as a reference for

that applicant;

(4)AAgross negligence, incompetency, or misconduct in

the practice of engineering; or

(5)AAa failure to timely provide plans or

specifications to the Texas Department of Licensing and Regulation

47



as required by Article 9102, Revised Statutes.


Sec.A1001.4525.AAPROBATION. (a) If a person’s license

suspension is probated, the board may require the person to:

(1)AAreport regularly to the board on matters that are

the basis of the probation;

(2)AAlimit practice to the areas prescribed by the

board; or

(3)AAcontinue or review professional education until

the person attains a degree of skill satisfactory to the board in

those areas that are the basis of the probation.

(b)AAThe board by rule shall adopt written guidelines to

ensure that probation is administered consistently.


2003.

Sec.A1001.4526.AARESTITUTION. (a) Subject to Subsection

(b), the board may order a person licensed or registered under this

chapter to pay restitution to a consumer as provided in an agreement

resulting from an informal settlement conference instead of or in

addition to imposing an administrative penalty under this chapter.

(b)AAThe amount of restitution ordered as provided in an

agreement resulting from an informal settlement conference may not

exceed the amount the consumer paid to the person for a service

regulated by this chapter. The board may not require payment of

other damages or estimate harm in a restitution order.


2003.

Sec.A1001.4527.AARECUSAL OF BOARD MEMBER. (a) A board

member who participated in the investigation of a complaint or in

informal settlement negotiations regarding the complaint:

(1)AAmay not vote on the matter at a board meeting

related to the complaint; and

(2)AAshall state at the meeting why the member is

prohibited from voting on the matter.

48

(b)AAA statement under Subsection (a)(2) shall be entered

into the minutes of the meeting.


2003.

Amended by:


September 1, 2007.

Sec. 1001.4528.AAEMERGENCY SUSPENSION. (a)AAThe board or a

three-member panel of board members designated by the board shall

temporarily suspend the license, certificate, or registration of a

person if the board or panel determines from the evidence or

information presented to it that continued practice by the person

would constitute a continuing and imminent threat to the public

welfare.

(b)AAA license, certificate, or registration may be

suspended under this section without notice or hearing on the

complaint if:

(1)AAaction is taken to initiate proceedings for a

hearing before the State Office of Administrative Hearings

simultaneously with the temporary suspension; and

(2)AAa hearing is held as soon as practicable under this

chapter and Chapter 2001, Government Code.

(c)AAThe State Office of Administrative Hearings shall hold a

preliminary hearing not later than the 14th day after the date of

the temporary suspension to determine if there is probable cause to

believe that a continuing and imminent threat to the public welfare

still exists.AAA final hearing on the matter shall be held not later

than the 61st day after the date of the temporary suspension.



Sec.A1001.453.AAREVIEW OF LICENSE HOLDER’S STATUS. (a) The

board by rule may review the status of a license holder the board

believes:

(1)AAmay have been issued a license through fraud or

error; or

49




(2)AAmay constitute a threat to the public health,

safety, or welfare.

(b)AAThe board may suspend or revoke a license held by a

person whose status is reviewed under this section.


Sec.A1001.454.AARIGHT TO HEARING. (a) If the board proposes

to suspend or revoke a person’s license, the person is entitled to a

hearing.

(b)AAProceedings for the suspension or revocation of a

license are governed by Chapter 2001, Government Code.


Sec.A1001.455.AAAPPEAL OF LICENSE REVOCATION. A person

whose license has been revoked may file suit to annul or vacate the

board’s order revoking the license. The person may file the suit in

the district court of the county in which:

(1)AAthe person resides; or

(2)AAthe alleged conduct that is the ground for

revocation occurred.


Sec.A1001.456.AAREISSUANCE OF REVOKED LICENSE. The board

may reissue a license to a person whose license has been revoked if

the board has sufficient reason to reissue the license. At least

six board members must vote for reissuance of the license. A new

license may be issued in accordance with board rules.


SUBCHAPTER K. ADMINISTRATIVE PENALTY

Sec.A1001.501.AAIMPOSITION OF ADMINISTRATIVE PENALTY. The

board may impose an administrative penalty on a person who violates

this chapter or a rule adopted or order issued under this chapter.


Sec.A1001.502.AAAMOUNT OF ADMINISTRATIVE PENALTY. (a)AAThe

50


amount of an administrative penalty may not exceed $5,000 for each

violation.AAEach day a violation continues or occurs is a separate

violation for purposes of imposing a penalty.

(b)AAThe amount of the penalty shall be based on:

(1)AAthe seriousness of the violation, including:

(A)AAthe nature, circumstances, extent, and

gravity of the prohibited act; and

(B)AAthe hazard or potential hazard created to the

health, safety, or economic welfare of the public;

(2)AAthe economic harm to property or the environment

caused by the violation;

(3)AAthe history of previous violations;

(4)AAthe amount necessary to deter a future violation;

(5)AAefforts or resistance to efforts to correct the

violation; and

(6)AAany other matter that justice may require.

(c)AAThe board may include in the amount of the penalty the

actual costs of investigating and prosecuting the violation.


Amended by:


September 1, 2013.

Sec.A1001.503.AAOPTIONS FOLLOWING DECISION: PAY OR APPEAL.

(a) Not later than the 30th day after the date the board’s order

becomes final, the person shall:

(1)AApay the administrative penalty;

(2)AApay the penalty and file a petition for judicial

review contesting the occurrence of the violation, the amount of

the penalty, or both; or

(3)AAwithout paying the penalty, file a petition for

judicial review contesting the occurrence of the violation, the

amount of the penalty, or both.

(b)AAWithin the 30-day period, a person who acts under

Subsection (a)(3) may:

(1)AAstay enforcement of the penalty by:

(A)AApaying the penalty to the court for placement

51


in an escrow account; or

(B)AAgiving to the court a supersedeas bond that

is approved by the court and that is:

(i)AAfor the amount of the penalty; and

(ii)AAeffective until judicial review of the

board’s order is final; or

(2)AArequest the court to stay enforcement of the

penalty by:

(A)AAfiling with the court an affidavit of the

person stating that the person is financially unable to pay the

penalty and is financially unable to give the supersedeas bond; and

(B)AAgiving a copy of the affidavit to the

executive director by certified mail.

(c)AAIf the executive director receives a copy of an

affidavit under Subsection (b)(2), the executive director may file

with the court a contest to the affidavit not later than the fifth

day after the date the copy is received.

(d)AAThe court shall hold a hearing on the facts alleged in

the affidavit as soon as practicable and shall stay enforcement of

the penalty on finding that the alleged facts are true. The person

who files an affidavit has the burden of proving that the person is

financially unable to pay the penalty or give a supersedeas bond.


Sec.A1001.504.AACOLLECTION OF PENALTY. If the person does

not pay the administrative penalty and the enforcement of the

penalty is not stayed, the executive director may refer the matter

to the attorney general for collection.


Sec.A1001.505.AADETERMINATION BY COURT. (a) If a court

sustains the determination that a violation occurred, the court may

uphold or reduce the amount of the administrative penalty and order

the person to pay the full or reduced penalty.

(b)AAIf a court does not sustain the determination that a

violation occurred, the court shall order that an administrative

penalty is not owed.

52


Sec.A1001.506.AAREMITTANCE OF PENALTY AND INTEREST. (a) If,

after judicial review, the administrative penalty is reduced or not

imposed by the court, the court shall:

(1)AAorder the appropriate amount, plus accrued

interest, be remitted to the person if the person paid the penalty;

or

(2)AAorder the release of the bond:

(A)AAif the person gave a supersedeas bond and the

penalty is not upheld by the court; or

(B)AAafter the person pays the penalty if the

person gave a supersedeas bond and the penalty is reduced.

(b)AAThe interest paid under Subsection (a)(1) is at the rate

charged on loans to depository institutions by the New York Federal

Reserve Bank. The interest shall be paid for the period beginning

on the date the penalty is paid and ending on the date the penalty is

remitted.


Sec.A1001.508.AAADMINISTRATIVE PROCEDURE. (a) A proceeding

under this subchapter is subject to Chapter 2001, Government Code.

(b)AAThe board shall adopt rules of procedure for imposing an

administrative penalty. The rules must conform to the requirements

of Chapter 2001, Government Code.


SUBCHAPTER L. OTHER PENALTIES AND ENFORCEMENT PROVISIONS

Sec.A1001.551.AAINJUNCTION. (a) In addition to any other

action authorized by law, the board may bring an action in the

board’s name to enjoin a person from violating this chapter or a

board rule.

(b)AAAn action under this section must be brought in a

district court of Travis County.

(c)AATo sustain an action under this section, the board is

not required to allege or prove that:

53



(1)AAan adequate remedy at law does not exist; or

(2)AAsubstantial or irreparable damage would result

from the continued violation.

(d)AAIn an action for an injunction under this section, the

defendant may assert and prove as a complete defense to the action

that the board deprived the defendant of a license by a board action

or proceeding that was:

(1)AAarbitrary or capricious;

(2)AAcontrary to law; or

(3)AAconducted without due process of law.

(e)AAEither party to an action under this section may appeal

to the appellate court with jurisdiction of the action.


Sec. 1001.5511.AACEASE AND DESIST ORDER.AAIf it appears to

the board that a person who is not licensed, certified, or

registered under this chapter is violating this chapter, a rule

adopted under this chapter, or another state statute or rule

relating to the practice of engineering, the board, after notice

and opportunity for a hearing, may issue a cease and desist order

prohibiting the person from engaging in the activity.



Sec.A1001.552.AACRIMINAL PENALTY. (a) A person commits an

offense if the person:

(1)AAengages in the practice of engineering without

being licensed or exempted from the licensing requirement under

this chapter;

(2)AAviolates this chapter;

(3)AApresents or attempts to use as the person ’s own the

license or seal of another; or

(4)AAgives false evidence of any kind to the board or a

board member in obtaining a license.

(b)AAAn offense under this section is a Class A misdemeanor.


54


Sec.A1001.553.AAREPORT OF VIOLATION. A public official

shall report a violation of this chapter to the proper authorities.


Sec.A1001.554.AAPRESENTATION OF COMPLAINTS BY BOARD;

ASSISTANCE AT TRIAL. (a) A member of the board may present to a

prosecuting officer a complaint relating to a violation of this

chapter.

(b)AAThe board through its members, officers, counsel, and

agents and subject to the control of the prosecuting officer may

assist in the trial of a case involving an alleged violation of this

chapter.


Sec.A1001.555.AAATTORNEY GENERAL AS LEGAL ADVISOR;

REPRESENTATION BY ATTORNEY GENERAL. (a) The attorney general

shall:

(1)AAact as legal advisor of the board;

(2)AAprovide legal assistance to the board as necessary

to enforce this chapter and make it effective; and

(3)AArepresent the board in an action brought to

enforce this chapter.

(b)AAThis section does not affect the duties of local

prosecuting officers.


Sec.A1001.556.AAAPPEAL BOND. The board is not required to

give an appeal bond in a cause arising under this chapter.


SUBCHAPTER M. ADVISORY OPINIONS

Sec. 1001.601.AABOARD ADVISORY OPINIONS. (a) On its own

initiative or at the request of any interested person, the board

shall prepare a written advisory opinion about:

(1)AAan interpretation of this chapter; or

(2)AAthe application of this chapter to a person in

55

regard to a specified existing or hypothetical factual situation.

(b)AAThe board shall respond to requests for opinions within

180 days unless the board affirmatively states the board ’s reason:

(1)AAfor not responding to the request within 180 days;

or

(2)AAfor not responding to the request at all.


2003.

Amended by:


September 1, 2005.

Sec.A1001.602.AAMAINTENANCE OF OPINIONS; SUMMARY. The

board shall:

(1)AAnumber and classify each advisory opinion issued

under this subchapter; and

(2)AAannually compile a summary of the opinions in a

single reference document that is available on the Internet.


2003.

Sec.A1001.603.AAATTORNEY GENERAL’S OPINIONS. The authority

of the board to issue an advisory opinion under this subchapter does

not affect the authority of the attorney general to issue an opinion

as authorized by law.


2003.

Sec.A1001.604.AARELIANCE ON ADVISORY OPINION. It is a

defense to prosecution or to imposition of a civil penalty that a

person reasonably relied on a written advisory opinion of the board

relating to:

(1)AAthe provision of the law the person is alleged to

have violated; or

(2)AAa fact situation that is substantially similar to

the fact situation in which the person is involved.


56


2003.

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